Wonder how Dane County is stacking up? Here’s the city’s and county’s analysis of Impediments to Fair Housing. See below for the summaries of impediments and actions to be taken. Looks like Dane County needs to update their 7-ish year old report and it would be great to hear what progress is or isn’t make by the city on their 4-ish year old plan.
FAIR HOUSING COUNCIL SETTLES DISCRIMINATION COMPLAINT
AGAINST WAUKESHA COUNTYMilwaukee, WI – The Metropolitan Milwaukee Fair Housing Council (MMFHC) has reached a conciliation agreement with Waukesha County, resolving a housing discrimination complaint MMFHC filed with the US Department of Housing and Urban Development (HUD) in March 2011.
MMFHC’s complaint alleged that Waukesha County engaged in illegal housing discrimination on the basis of race, color and national origin, and that the County violated HUD’s mandate to affirmatively further fair housing. MMFHC alleged that from 2006 to 2011, Waukesha County deployed more than $12,500,000 in federal CDBG and HOME funds to 35 individual jurisdictions without adequate consideration for its impact on fair housing choice by people of color. The complaint argued that the County funding policy had the effect of perpetuating racial and ethnic segregation. Specifically, by continuing to fund jurisdictions – like New Berlin, Brookfield, Menomonee Falls, the City of Waukesha, Mukwonago and others – that have actively prevented the development of affordable housing, the County discouraged integration of mostly-white communities.
The Milwaukee – Waukesha metropolitan area is the most segregated region in the nation for African-Americans and in the top third of large metropolitan areas for residential segregation of Hispanics. While Milwaukee County’s population is racially and ethnically diverse, Waukesha County’s population is starkly homogeneous. MMFHC filed the complaint after several years of working with a coalition of organizations including the ACLU of Wisconsin, Legal Action of Wisconsin, IndependenceFirst, and Disability Rights Wisconsin, all of which have a shared goal of increasing housing opportunities in Southeastern Wisconsin. Each of these organizations, individually and in concert, made attempts to promote integration and affordable housing opportunities in Waukesha County, but given institutional barriers posed by County government, coalition members’ efforts were stymied.
Under the terms of the agreement, Waukesha County will undertake a variety of activities with the aim of promoting integration and expanded housing choices:
- The County will collaborate with other governments in the region to produce an Assessment of Fair Housing report, which will identify public and private impediments to fair housing choice. On an annual basis, the County will provide to HUD an action plan that will describe actions to overcome those impediments.
- The County will require each municipality which receives CDBG or HOME funds to create Fair Housing Impact Statements that name the actions the municipality will take to address fair housing impediments, and report on annual progress in eliminating those impediments. The municipalities will also be required to identify actions that promote affordable housing for families.
- The County will develop a land inventory that will identify parcels suitable for development of affordable, multifamily housing.
- The County will seek the extension of Tax Incremental Financing and other financial incentives for the creation of affordable rental housing in a range of sizes.
- The County will pay MMFHC and its attorneys $140,000.
“I am hopeful Waukesha County will become more integrated and inclusive as a result of this agreement. Communities do not become and remain all-white by accident. They exist because local governments and private actors erect barriers to racial and ethnic integration. Therefore, undoing that segregation requires conscious, deliberate actions,” said William R. Tisdale, MMFHC’s President and CEO. The Senior Administrator of MMFHC’s Inclusive Communities Program, Kori Schneider-Peragine, is optimistic about the efficacy of the County’s planned actions: “For instance, when implemented thoroughly, tools such as Fair Housing Impact Statements will be easy-to-use roadmaps that enable communities to take measureable steps toward the creation of a more equitable housing market for everyone. We’re all better off when we increase housing choices and live up to our shared values of equal opportunity for all.”
According to Attorney Michael Allen, of Relman, Dane & Colfax, PLLC, one of the attorneys who represented MMFHC, “This agreement – which was reached on the first day of the Trump Administration – is evidence of the continued vitality of the obligation to affirmatively further fair housing. We applaud the County for its willingness to address concerns about segregation, and we applaud HUD for its careful investigation and skill in bringing these parties together in an agreement that will expand fair housing choice for families of color.” MMFHC was also represented by Robert Theine Pledl of McNally Peterson, S.C.
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MMFHC is a private, non-profit organization whose purpose is to promote fair housing throughout the State of Wisconsin by combating illegal housing discrimination and by creating and maintaining racially and economically integrated housing patterns. It operates satellite offices in Dane County (the Fair Housing Center of Greater Madison) and in Northeast Wisconsin (the Fair Housing Center of Northeast Wisconsin).
Persons who feel they may have experienced unfair lending practices or illegal housing discrimination should call 414-278-1240 or 1-877-647-FAIR (a toll-free number for use outside the 414 area code).
DANE
Dane County-Impediments to Fair Housing 2010 (Full report)
The following fair housing impediments were identified:
- High housing costs in Dane County
Despite the economic recession, increases in cost burdens were identified for owner and renter households during the 2000s. The greatest increase however was among owner households. Increased foreclosures and the potential for households at risk to be taken advantage of through predatory lending practices and mortgage resolution schemes continue to place this impediment at the top of the list. - Mortgage Originations and Denials
Although not conclusive, there are indications that minorities are not as likely to be able to reach success with a mortgage origination among Dane County banks. Minority households were more likely, on a percentage basis, to be denied a mortgage, or to not reach a mortgage origination for other reasons. This may be a result of other factors such as language barriers, level of income, lack of sufficient collateral etc. - Language barriers of minorities in Dane County
Between 2000 and 2009, there was a significant in crease in the Asian and Latino populations
as well as among people of two or more races. Many of these people face language barriers,
especially regarding the ability to read and understand legal documents (rental lease, mortgage documents). As the population of Dane County becomes increasingly diverse, the ability to effectively communicate to people of other cultures will become critical. Many of these
people may not understand if they are facing a fair housing issue. - Poverty levels in Dane County
Between 2000 and 2009, the number of households in poverty rose from 11.4% in 2000 to 14.1% in 2009. Poverty levels rose for all races except Native American and Other Race which decreased. Those in poverty typically experience significant hardships in finding and retaining suitable housing. The increase in poverty levels in Dane County along with increasing cost burdens among both owner and renter households indicates that the availability of affordable housing remains an important issue in the County. - Availability of Affordable Housing
The Dane County Consolidated Plan 2010 to 2014 on page 55 of the document and under the
sub-heading Obstacles to Meeting Underserved Needs cited “Need in Dane County (including Madison) for 11,146 affordable housing units” for households that are experiencing a cost burden. Although this figure includes the City of Madison, we note that providing affordable housing may be accomplished in a number of different ways, not just creating new units. Affordable housing, however, should not be created through deferred maintenance or because of substandard conditions which reduce housing costs. Providing affordable housing must consider a variety of methods of achieving the goals and of relieving housing cost burdens, especially of those most severely affected. - Elderly Service and Housing Needs
Although there have been a number of new housing units added in Dane County targeting the
elderly population, the provision of services for the elderly remains a high priority. Many low-income seniors may choose to remain in their homes and delay moving to alternate housing options because of their economic status and their concerns over being able to fund housing and support services. The State of Wisconsin provides assistance to very low-income seniors and tax-credit affordable developments assist seniors with moderately-priced housing. However, seniors in outlying areas of the County may be at higher risk because of more limited availability of services including transportation. - Special Needs Housing
Interviews with housing organizations and support service providers identified a significant
need for additional emergency shelter beds for victims of domestic violence, homeless and those recently released from prison. In addition, a significant need was identified for transitional housing to effectively move those in emergency shelters to a more stable living environment and enable them to re-enter the mainstream housing market when they are able. Barriers to obtaining stable housing include unemployment, criminal records, low income or no income, among other factors. - Shortage of Section 8 landlords and Vouchers
Typically, if rental housing remains in short supply, there is often a disinterest among landlords to take households with Section 8 vouchers. However, during periods of greater vacancies, landlords are usually more willing to take on residents utilizing this form of payment. At this time, we see this as a continued impediment, but not as significant as the need for housing for low and moderate income households. The County currently serves 1,000 families through the Section 8 voucher program and there are another 86 units of public housing. However, there are more than 2,000 families on the waiting list for these vouchers. The program last opened in the summer of 2007 and was closed within five months. Low-income households and many minority households are likely to be more limited in their selection of housing than higher income households. - Increasing owner cost burdens
The increasing cost burdens among homeowners and the increased risk of foreclosure because of this creates impediments to fair housing. Homeowners may have been the victims of predatory lending practices or may have simply become over-extended. High foreclosure rates place pressure on the housing stock and the rental housing market to accommodate households that are being evicted. In addition, bank-foreclosed units may not be maintained allowing the housing stock to deteriorate more rapidly and create housing opportunities that may be affordable, but at significant cost to the community and to households at higher risk. - Limited or No Information on the Disposition of Fair Housing Complaints
There is an inventory of fair housing complaints by type of complaint published in this report. Additional information was requested as the ultimate disposition of fair housing complaints, but no information was forthcoming and was indicated as unavailable. Although the number of complaints has fluctuated and is currently down from a peak in 2006, it is difficult to determine if complaints are getting through the system, are dropped by the complainant or just how these complaints are treated. This could provide additional insight as to needs in the community. - Restrictive Zoning and Land Use Regulations
A review of comprehensive guide plans and zoning ordinances for jurisdictions in the Study Area revealed that many communities have land use regulations and/or zoning ordinances that restrict the types of housing that may be constructed or significantly add to the cost of constructing housing in a given area. Although design guidelines are intended to enhance the visual attractiveness of housing and its overall quality, these guidelines may also significantly add to the cost of construction, thereby making the housing unaffordable to moderate and/or low income households. In addition, height restrictions, significant set-backs, density regulations and other type of land use or zoning laws also inhibit the ability of a developer or organization to develop moderate cost housing, particularly where locations that have convenient access to community services and public transportation also have these types of restrictions. Also, communities where housing is relatively homogeneous may try to restrict the development of different types of living units on the basis that the housing is not compatible with the current land use pattern of the community.
Recommendations (Dane County)
- Increase the Development of Affordable Housing
Although a significant amount of housing was developed during the 2000s to accommodate increased growth in Dane County, only a modest portion of new units were targeted to households with moderate and low incomes. We recommend that the County explore a variety of options to provide affordable housing including rehabilitation and revitalization, reuse of vacant structures, housing assistance for existing units, and greater use of modular and prefabricated housing, among others. Cost burdens for Study Area households have in creased, most significantly for owner households. We recommend that Dane County further investigate the connection between the location of affordable housing and access to public and community services to reduce total costs for low and moderate income households. - Land Use and Development
The review of local comprehensive guide plans, zoning codes and ordinances revealed that many communities have implemented codes and ordinances that limit or prevent the development of affordable housing. We recommend that more information be disseminated to surrounding jurisdictions to increase the awareness of the consequences of these regulations and the additional barriers that this creates in providing safe, stable housing for all households. - Rental Housing
Vacancy rates are low in the Dane County area. Low vacancy rates reduce renter mobility and reduce the ability of households to find and retain suitable housing. Low vacancy rates also signal pent-up demand for rental housing. We recommend that the County monitor local vacancy
rates, especially among affordable rental developments and solicit proposals from private developers to assist in developing affordable housing in locations that are situated in close proximity to employment concentrations, goods and services and public transit. - Transitional Housing
Our interviews with special needs service providers identified a strong need for transitional housing and additional emergency shelter beds in the County. Again, the ability to locate these facilities in suitable areas is challenging. Those needing this type of housing generally have other support, service needs and considering all of these issues in the development of the housing is complicated. Nevertheless, developing additional transitional housing will further enable those that need this housing temporarily to be able to access safe, stable housing and the services that they need to be able to move beyond the transitional housing and back into the mainstream housing market. Too often, if insufficient transitional housing is available, people remain in a cycle of homelessness and continue to move in and out of the system. - Fair Housing Discrimination and Complaints
The survey results indicated that most of those who feel they have been discriminated against
perceive that nothing will be done to provide them justice. They choose to ignore the situation. If the Federal government, states and local jurisdictions must keep track of and provide information on complaints received, then what is the resolution of those complaints? We were unable to obtain any information on the resolution of fair housing complaints in Dane County and were told that this information was not available. How can the County determine the efficacy of its process or if progress is being made, if resolution of the complaints is not monitored? We recommend that Dane County obtain and review statistics on the resolution of Fair Housing complaints filed with the appropriate jurisdictions. In addition, we recommend that additional publicity efforts be made to alert homeowners in Dane County of the services available and to work with local lending institutions and other groups to inform and educate homeowners regarding their rights - Social Cultural Challenges
The growing diversity of the Dane County area will increase the need to provide education, outreach and services to those who are not US born citizens or those who have language and cultural barriers that limit their ability to obtain and maintain stable housing. We recommend that additional efforts in this area could include documents printed in multiple languages, native language interpreters, training programs for providers that work specifically with ethnic groups, websites in multiple languages and other proactive methods for increasing information to non-native speakers and others that have difficulty with English. - Protected Classes
Dane County recently added a number of additional protected classes to its Fair Housing Ordinance. We recommend that additional education and outreach be provided to the community and
to providers regarding these protected classes so that all groups are fully aware of the expanded Fair Housing Ordinance. - Education and Outreach
Continue providing education and outreach on general and specific issues related to fair housing.
MADISON
City Impediments, Goals and Actions (full report)
Impediments to Fair Housing Choice in the City of Madison, WI
1. Supply Impediments (Private Sector)
1.1 Inadequate Supply of Rental Housing
1.2 Inadequate Supply of Larger Assisted Rental Units
1.3 Inadequate Supply of Single Room Occupancy Units
2. Affordability Impediments (Private Sector)
2.1 Inadequate Supply of Affordable Housing
3. Financial Impediments (Private Sector)
3.1 Lack of Loans to Minorities
4. Spatial Impediments (Public and Private Sector)
4.1 Assisted/Subsidized Housing Projects Directed Toward Low Income Neighborhoods
4.2 Racial Segregation
4.3 Transit Commuting Times Excessive from some Areas
4.4 Poor Grocery Store Access in Some Minority Neighborhoods
5. Administrative Impediments (Public Sector)
5.1 Limited Use of Fair Housing Complaint Procedures
5.2 Uncertain Implementation Strategy and Responsibility
5.3 Zoning Code Permits Concentration of Disabled Residents
5.4 Protected Classes Underrepresented on Boards and Commissions
Summary of Actions – (full report contains responsible parties and timelines)
1. Actions to alleviate Supply Impediments
1.1 Build more rental units
1.1.1 Establish policies to maintain a 5% vacancy rate
1.1.2 Encourage flexible development (condo or rental)
1.1.3 Create programs or incentives (Vancouver as model)
1.2 Build more large assisted rental units
1.2.1 Offer incentives to encourage more large units
1.3 Increase supply of single occupancy units
1.3.1 Study this gap and identify strategies to increase supply
2. Actions to alleviate Affordability Impediments
2.1 Build more affordable units
2.1.1 Evaluate demand at various income levels and set targets and strategies for new unit creation
2.1.2 Encourage the inclusion of units affordable to low and very low income residents in development in all neighborhoods
2.1.3 Provide incentives for the rehabilitation of existing affordable market rate units to mitigate/prevent their replacement by non-affordable units
2.1.4 Encourage more non-traditional housing types (co-housing, co-ops, etc.)
3. Actions to alleviate Financial Impediments
3.1 More loans t o minorities
3.1.1 More credit and homebuying education
3.1.2 More lender education to avoid predatory lending
3.1.3 More post-purchase education to improve ownership experience
3.1.4 Encourage local lenders to Affirmatively Further Fair Housing, including outreach to underserved communities
3.1.5 Further target City home loan programs toward racial and ethnic households and neighborhoods
3.1.6 Make City loan program information easy to find and understand on the City website
4. Actions to alleviate Spatial Impediments
4.1 Direct assisted/subsidizing housing toward all neighborhoods
4.1.1 Resist neighborhood opposition to affordable housing
4.1.2 Collaborate with CDA and WHEDA to prioritize certain neighborhoods for new units
4.1.3 Develop a Comprehensive Housing Strategy
4.1.4 Adjust development review fees to tie the fee to the projected unit value or rental cost
4.2 Reduce racial segregation
4.2.1 Acknowledge and craft policy to reduce racial segregation in the comprehensive plan, neighborhood plans, Comprehensive Housing Strategy and the 5 year Consolidated Plan for HUD funding.
4.3 Improve job access via Metro Transit
4.3.1 Evaluate the routing system and schedule with a focus on the needs of low-income residents and neighborhoods
4.3.2 Develop more housing along transit corridors
4.4 Improve access to grocery stores
4.4.1 Encourage development and services that offer daily grocery access in all neighborhoods
5.1 Actions to alleviate Administrative Impediments
5.1 Increase use of fair housing compliant procedures
5.1.1 Simplify materials and emphasize ease and quick resolutions
5.1.2 Optimize the City website to make it easy to find fair housing info
5.1.3 Coordinated training to identify and direct housing-related complaints
5.1.4 Add “Housing Discrimination” to the Report a Problem system
5.1.5 Contract with a Qualified Fair Housing Enforcement Organization to provide investigative services
5.1.6 Revise fair housing ordinances to be consistent with state law
5.2 Establish implementation strategies and responsibility
5.2.1 Establish clear implementation roles and responsibilities within DPCED
5.2.2 Collaboration and Coordination among DPCED, CDA, DCR
5.2.3 Streamline and combine funding programs
5.3 Prevent segregation of disabled residents in group homes
5.3.1 Consider revisions to the number of residents allowed in Community Living Arrangements
5.4 Improve protected class representation on Boards and Commissions
5.4.1 Actively recruit women, African Americans, Hispanics, and disabled persons to City boards and commissions
